HELP!!! Out-of-valid-status while living in Canada on the physical presence calculator

[barsarah]

I was an international student for 4 years but became out-of-status while living in Canada for 214 days before getting my PR. I still have more than 365 full days (730 half-days) credit to count towards my physical presence in Canada prior to becoming a PR (with 1100 full days in total) so the number of days that I was out-of-valid-status doesn't affect my eligibility to apply for citizenship but how do I enter this information on the physical presence calculator, which has only 5 options to choose from: Visitor, International Student, Temporary Worker, Temporary Resident Permit Holder, and Protected Person? This is my 2nd thread on the same topic but wanted to get some more opinion and help from people who had similar experiences and/or the expertise. I did not work, study or travel out of Canada during the 214 days as I just waited at home for my PR application approval. I applied for a work permit before my student permit/visitors visa expired but it did not get processed on time and was canceled after I became a PR. At the moment, my citizenship application has my address history as lived in Canada but the physical presence calculator doesn't as all the 5 options do not apply in my case, which may raise some questions and flags by IRCC who knows what my status was during the period if they dig deeper. However, how do I make a note of it to the IRCC officer in charge of my application? Please shed some light and thanks! Some might suggest just leave a handwritten (or typed) note on the application form if I will be sending a paper application but that's not really sufficient enough, or at least in my head; the same issue if I do online.

 

[novascotia27]

I was an international student for 4 years but became out-of-status while living in Canada for 214 days before getting my PR. I still have more than 365 full days (730 half-days) credit to count towards my physical presence in Canada prior to becoming a PR (with 1100 full days in total) so the number of days that I was out-of-valid-status doesn't affect my eligibility to apply for citizenship but how do I enter this information on the physical presence calculator, which has only 5 options to choose from: Visitor, International Student, Temporary Worker, Temporary Resident Permit Holder, and Protected Person? This is my 2nd thread on the same topic but wanted to get some more opinion and help from people who had similar experiences and/or the expertise. I did not work, study or travel out of Canada during the 214 days as I just waited at home for my PR application approval. I applied for a work permit before my student permit/visitors visa expired but it did not get processed on time and was canceled after I became a PR. At the moment, my citizenship application has my address history as lived in Canada but the physical presence calculator doesn't as all the 5 options do not apply in my case, which may raise some questions and flags by IRCC who knows what my status was during the period if they dig deeper. However, how do I make a note of it to the IRCC officer in charge of my application? Please shed some light and thanks! Some might suggest just leave a handwritten (or typed) note on the application form if I will be sending a paper application but that's not really sufficient enough, or at least in my head; the same issue if I do online.

I am no expert but my logic tells me that you should include only the periods for which you were legally present in Canada and perhaps attach a letter of explanation re: unlawful presence in Canada.

 

[barsarah]

I am no expert but my logic tells me that you should include only the periods for which you were legally present in Canada and perhaps attach a letter of explanation re: unlawful presence in Canada.

Thank you for the input but I was not unlawfully present because I had applied for a PR that gave me the legal authorization to stay in Canada while waiting for my PR approval or denial. It's just that none of the provided 5 choices on the physical presence calculator apply in my case. Also, IRCC requires police clearance certificates from those who stayed more than 183 days continuously absent from Canada prior to becoming a Canadian PR, which in my case is none but 214 days without status, not absent. I don't want to create confusion for the corresponding IRCC officer and go back and forth with questions... I just want to get the application done without any drama and not jeopardize it with something so simple but complex yet.
And to mention it again, I have my address history listed on the application as I lived in Canada during the period as well, which is something that IRCC already knows, and I am not counting the period towards my 1095 days eligibility. I already have enough days to qualify without it.

 

[Camelboy]

@barsarah IRCC knows how to calculate the physical presence requirement. All they need is the elegibility period and travel days. So don't worry about it. Each day is calculated as half day,

• Each day of physical presence in Canada as an authorized temporary resident or protected person before becoming a permanent resident, counts as one half day, with a maximum of 365 days credit towards physical presence.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html

 

[rajkamalmohanram]

I was an international student for 4 years but became out-of-status while living in Canada for 214 days before getting my PR. I still have more than 365 full days (730 half-days) credit to count towards my physical presence in Canada prior to becoming a PR (with 1100 full days in total) so the number of days that I was out-of-valid-status doesn't affect my eligibility to apply for citizenship but how do I enter this information on the physical presence calculator, which has only 5 options to choose from: Visitor, International Student, Temporary Worker, Temporary Resident Permit Holder, and Protected Person? This is my 2nd thread on the same topic but wanted to get some more opinion and help from people who had similar experiences and/or the expertise. I did not work, study or travel out of Canada during the 214 days as I just waited at home for my PR application approval. I applied for a work permit before my student permit/visitors visa expired but it did not get processed on time and was canceled after I became a PR. At the moment, my citizenship application has my address history as lived in Canada but the physical presence calculator doesn't as all the 5 options do not apply in my case, which may raise some questions and flags by IRCC who knows what my status was during the period if they dig deeper. However, how do I make a note of it to the IRCC officer in charge of my application? Please shed some light and thanks! Some might suggest just leave a handwritten (or typed) note on the application form if I will be sending a paper application but that's not really sufficient enough, or at least in my head; the same issue if I do online.

You shouldn't call it "out-of-status" AFAIK. That's an incorrect term for your situation. You were on "implied status" IMO.

Out of status is when your visa was cancelled or it expired AND you didn't have any implied status (you did NOT have any other visa application pending that allowed you to remain in the country until a decision was reached on that application).

Based on the information you have provided me (which doesn't have any mention of PGWP), you'll have to count the time on implied status as student since the validity of your student visa was extended until a decision can be rendered on your PR application. You never attained the "worker" status because your work visa was not approved on time. You went from student status => PR status. So, the last confirmed status before you obtained your Permanent residence was "Student".

You'll certainly have to include a letter of explanation and explain this situation clearly and concisely to the officer.

Once again, this is only my opinion and I could be completely wrong. You might want to check with other senior members or people who have already been in this situation. May be @scylla can provide some insight here.

I'll let others provide an answer and guide you.

Good luck!

 

[abrakadabra]

this time is not counted for the calculator.
I'm in the same situation (I applied for a new work permit, but they lost documents, then the old one expired, and I was on implied status), I waited to get 1095 days as PR

 

[novascotia27]

@scylla we are interested to hear from you.. can you share your expertise on this?

 

[barsarah]

@barsarah IRCC knows how to calculate the physical presence requirement. All they need is the elegibility period and travel days. So don't worry about it. Each day is calculated as half day,

• Each day of physical presence in Canada as an authorized temporary resident or protected person before becoming a permanent resident, counts as one half day, with a maximum of 365 days credit towards physical presence.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/grant/residence/calculate-physical-presence.html

@Camelboy @rajkamalmohanram @novascotia27 @abrakadabra Thanks for the input guys! The person on Example 2 on @Camelboy's link was out-of-status for 137 days in between (similar to my case except I had already applied for a work permit during the period but it didn't get processed on time and was cancelled after I became a PR), where the period was classified as "Unauthorized TR/NPR (Temporary Resident/Non PR days)" and the number of days was subtracted from the total NPR days even though the person was physically present in Canada but without status. What the example doesn't mention is that if the person had implied status or if implied status days can be counted towards physical presence, and if it does, under which one of the 5 categories. I mean with or without it, I still have more than 730 NPR days so it doesn't affect my eligibility. However, I just want to do it properly from the beginning.
@scylla, can you please share your thoughts on this?

 

[scylla]

@Camelboy @rajkamalmohanram @novascotia27 @abrakadabra Thanks for the input guys! The person on Example 2 on @Camelboy's link was out-of-status for 137 days in between (similar to my case except I had already applied for a work permit during the period but it didn't get processed on time and was cancelled after I became a PR), where the period was classified as "Unauthorized TR/NPR (Temporary Resident/Non PR days)" and the number of days was subtracted from the total NPR days even though the person was physically present in Canada but without status. What the example doesn't mention is that if the person had implied status or if implied status days can be counted towards physical presence, and if it does, under which one of the 5 categories. I mean with or without it, I still have more than 730 NPR days so it doesn't affect my eligibility. However, I just want to do it properly from the beginning.
@scylla, can you please share your thoughts on this?

I don't know the answer.

 

[barsarah]

I don't know the answer.

If the legendary @scylla doesn't know the answer, then who else would LOL
Thanks for responding thou anyone else you could quote and refer this question to? Much appreciated!

On a side note, I don't think they are going to respond but I've submitted a query through the IRCC Webform 5 days ago, so I might have to call them next week. No choice but to spend at least 2 hours during work hours while listening to their stupid music on hold without even expecting the agent to be knowledgeable enough to provide me with the right answer. The story of my life once again, triggering some shits that I've forgotten from a while ago LOL

 

[3shiro]

I was in the same situation, as I was in Canada since April 2010, got my pr 2017, my situation was confusing, I went to pm office in Ajax Mark Holland, and told them my situation, they called cic and asked them about my counted days toward getting my Canadian citizenship, and they called me few days later and told me about my counter days, so my advice to you is to go to pm office in your city and ask them.

 

[carl321]

Please help. Asking for a friend. He applied for a bridging work permit it was rejected but he appealed and then it was approved. Now he’s applying for his citizenship and there’s a gap of 4 months. He doesn’t need this time towards his application reqs but what’s the correct way to include this in his presence calculator. He didn’t work during this time frame and he was technically out of status. But can he select temp worker on the calculator since there is no other option ? How would one enter this info? thanks

 

[rajkamalmohanram]

Please help. Asking for a friend. He applied for a bridging work permit it was rejected but he appealed and then it was approved. Now he’s applying for his citizenship and there’s a gap of 4 months. He doesn’t need this time towards his application reqs but what’s the correct way to include this in his presence calculator. He didn’t work during this time frame and he was technically out of status. But can he select temp worker on the calculator since there is no other option ? How would one enter this info? thanks

Yes, IMO. While his BOWP was in progress AND when his appeal proceedings were in progress, he is considered to be on implied status AFAIK (not out of status). Meaning, he can certainly select "Temporary Worker" IMO. I'll let others chime in too.